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North Carolina
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February 19, 2025
Wrangler Jeans Owner Paying $900M For Helly Hansen
Kontoor Brands Inc., the owner of the Wrangler and Lee apparel brands, said Wednesday it will buy the Norwegian outdoor clothing brand Helly Hansen from Canadian Tire Corp. for $900 million.
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February 19, 2025
Judge Won't Narrow Injunction In Birthright Citizenship Case
A Maryland federal judge declined to narrow an injunction blocking the enforcement of President Donald Trump's executive order limiting birthright citizenship, saying a nationwide injunction is appropriate given the Asylum Seeker Advocacy Project's 680,000-person membership across all 50 states.
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February 18, 2025
Campbell Drivers' NC Claims Preempted, Court Told
Claims under North Carolina state law by a proposed class of Campbell Soup Co. drivers who alleged they were misclassified as independent contractors instead of employees must be tossed because they're preempted by the federal law, the food giant argued Tuesday.
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February 18, 2025
Engine Co. Says Plane Crash Appeal Is Matter For NC Panel
Aviation companies Avco Corp. and its subsidiary Lycoming Engines are urging a North Carolina appeals court to take up their bid seeking immunity from a civil lawsuit filed by families of victims killed in a 2015 plane crash, arguing that allowing a trial to go forward would cause "irreparable harm."
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February 18, 2025
Dems Push Corporate Transparency Act Legitimacy To Courts
Congress has the authority to establish a nationwide registry of the beneficial owners of legal entities by passing the Corporate Transparency Act, a group of Democratic legislators said in similar amicus briefs filed in appellate courts.
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February 18, 2025
Cravath, Morgan Lewis Steer $1B Charitable Gaming Biz Deal
Las Vegas-based Light & Wonder Inc. said Tuesday it has agreed to buy the charitable gaming assets of Grover Gaming for $850 million in cash, plus a four-year, revenue-based earn-out of up to $200 million cash.
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February 18, 2025
5th Circ. Won't Rethink DOL Win In OT Threshold Dispute
The full Fifth Circuit refused to reconsider its decision finding the U.S. Department of Labor has the authority to create a salary threshold as part of its role in defining overtime exemptions, rejecting a Dairy Queen franchise owner's argument that the opinion conflicts with U.S. Supreme Court precedent.
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February 18, 2025
NC Justices Asked To Decide Fate Of Top Court Race — Again
State election officials have urged justices on the North Carolina Supreme Court to finally resolve a contested judicial race between their colleague on the bench and her Republican challenger, asking to leapfrog over the lower appeals court in favor of a speedier decision.
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February 18, 2025
NC Trial Judge Appointed To Business Court Seat In Raleigh
Chief Justice Paul Newby of the North Carolina Supreme Court appointed a Tar Heel State judge and former K&L Gates LLP partner to the North Carolina Business Court in Raleigh just over one year after the jurist first took the bench.
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February 18, 2025
Dechert, Paul Hastings Guide Barings' Takeover Of Artemis
Barings, advised by Dechert LLP, inked an agreement to snap up Paul Hastings LLP-led Artemis Real Estate Partners, an investment firm managing over $11 billion of assets, according to a Tuesday announcement.
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February 15, 2025
Real Estate Recap: Practice Pivot, Tariff Tax, Lennar's Lawyers
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the latest shifts in real estate law practice, a Big Law leader's predictions for a looming tariff "tax" debate, and a look at the legal talent behind homebuilder Lennar Corp.'s $5.8 billion spinoff.
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February 14, 2025
4th Circ. To Hear Deloitte Appeal Of SCANA Class Cert. Ruling
The Fourth Circuit has agreed to hear a case that could overturn the class status of SCANA Corp. investors accusing Deloitte of issuing misleading audit reports about the progress being made on a failed $9 billion nuclear energy project, saying it would hear arguments over whether a U.S. Supreme Court model on damages was properly applied to the class certification order.
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February 14, 2025
Corporate Transparency Act Vital For Nat'l Security, Circs. Told
A nationwide registry of beneficial ownership information is critical to U.S. foreign policy and national security goals, which makes a law aimed at creating one, the Corporate Transparency Act, a valid exercise of congressional authority, groups told the Fourth and Fifth circuits.
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February 14, 2025
Smithfield Fires Back At 'Improper' CLO Deposition Bid
Smithfield Foods Inc. urged North Carolina's Business Court not to let a Chubb unit depose the pork producer's legal chief, calling the insurer's motion from last week an "improper and untimely attempt to seek discovery that Ace could have pursued before the fact discovery deadline."
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February 14, 2025
NC Panel Speeds Up Appeal In Contested High Court Race
North Carolina's intermediate appellate court has agreed to expedite an appeal by a Republican judge challenging the validity of tens of thousands of ballots cast in his state Supreme Court race that remains unresolved four months after the election.
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February 14, 2025
4th Circ. Rejects IRS Worker's Discrimination Claims
A Maryland federal court was right to reject claims by a Vietnam-born Internal Revenue Service employee who said she was discriminated against when managers disciplined her for insubordination, the Fourth Circuit ruled Friday, saying she failed to prove other employees were treated differently.
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February 14, 2025
Judge Leaves Curbs On DOGE Treasury Access After Hearing
A Manhattan federal judge left in place temporary curbs on sweeping powers handed by President Donald Trump to Elon Musk's government-slashing U.S. DOGE Service Temporary Organization, after 19 states challenged the organization's access to U.S. Treasury payment systems.
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February 13, 2025
NASCAR Asks 4th Circ. To Quash Injunctions In Antitrust Row
NASCAR urged the Fourth Circuit in an opening brief to reverse injunctions that forced the organization to offer charter contracts to two teams suing the organization for alleged antitrust violations, arguing that any of the lower court's "many errors warrants reversal" and could have broader implications.
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February 13, 2025
Packaging Co. To Pay $6.25M Over Shuttered NC Paper Mill
Food and beverage packaging company Pactiv Evergreen has agreed to pay $6.25 million to settle the state of North Carolina's lawsuit seeking to recoup $12 million in financial incentives to keep a local mill operating in the town of Canton, after suddenly closing its facility in 2023.
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February 13, 2025
NC Biz Court Bulletin: Defaulted Notes, EB-5 Investor Fraud
The North Carolina Business Court has been handed in the first half of February a receivership case involving a defaulted $17.5 million promissory note, a fraud suit by Chinese EB-5 investors and a request to depose the chief legal officer of Smithfield Foods Inc.
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February 13, 2025
Insurers Say Adjuster Must Cover $66M Suit Over Boat Death
Insurers told a North Carolina federal court that a company they contracted with failed to perform its agreed-upon adjustment duties on claims related to a 2021 fatal Florida boat accident and didn't pay legal fees when a more than $66 million suit erupted over the incident.
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February 13, 2025
Duke Rate Hike Discrepancy Lacks Reason, NC Justices Hear
The North Carolina Attorney General's Office urged the state's highest court Thursday to undo what it characterized as a glaring rate hike for Duke Energy Carolinas compared to what a sister entity received, saying state regulators offered no justification for the jump.
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February 13, 2025
4th Judge Rejects Trump's Take On Birthright Citizenship
A Massachusetts federal judge on Thursday joined three other U.S. district courts in blocking President Donald Trump's executive order limiting birthright citizenship, rejecting the administration's interpretation of the 14th Amendment.
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February 13, 2025
More US Attorneys Out In Three States
U.S. Attorney Dena J. King of the Western District of North Carolina announced that she is stepping down from her role as the district's top prosecutor, joining her counterparts in California's Southern District and the District of Maryland in the recent parade of U.S. attorneys to leave their posts since President Donald Trump retook the White House.
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February 12, 2025
Supply Co. Files Failsafe $387M Suit Amid Threat Of Dismissal
A medical supply procurement company has re-upped claims that a pharmaceutical middleman cut it out of a billion-dollar deal with the U.K. government to sell COVID-19 tests after newly unveiled information threatened to derail the long-running litigation.
Expert Analysis
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Notable Q1 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss notable insurance class action decisions from the first quarter of the year ranging from salvage vehicle titling to rate discrimination based on premium-setting software.
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Opinion
Viral Deepfakes Of Taylor Swift Highlight Need For Regulation
As the nation grapples with addressing risk from artificial intelligence use, the recent circulation of AI-generated pornographic images of Taylor Swift on the social platform X highlights the need for federal legislation to protect nonconsenting subjects of deepfake pornography, say Nicole Brenner and Susie Ruiz-Lichter at Squire Patton.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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Court Clerk Error Is No Excuse For A Missed Deadline
Two recent Virginia Court of Appeals decisions in which clerical errors led to untimely filings illustrate that court clerks can be wrong about filing deadlines or the date an order was entered, underscoring the importance of doing one's own research on filing requirements, says Juli Porto at Blankingship & Keith.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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What Have We Learned In The Year Since Warhol?
In the almost year since the U.S. Supreme Court decided Andy Warhol Foundation v. Goldsmith, which was widely seen as potentially chilling to creative endeavors, seven subsequent decisions — while illuminating to some extent — do not indicate any trend toward a radical departure from prior precedents in fair use cases, says Jose Sariego at Bilzin Sumberg.
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NC Rulings Show Bankruptcy Isn't Only For Insolvent Debtors
Two recent rulings from a North Carolina bankruptcy court show that lack of financial distress is not a requirement for bankruptcy protection, particularly in the Fourth Circuit, but these types of cases can still be dismissed for other reasons, say Stuart Gordon and Alexandria Vath at Rivkin Radler.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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GSA's Carbon-Free Power Plan: Tips For Electricity Suppliers
The U.S. General Services Administration's recent request for information concerning its intent to acquire a large amount of carbon pollution-free electricity over the next decade in the PJM Interconnection region offers key insights for companies interested in becoming electric power suppliers to federal government agencies, say Shaunna Bailey and Nicholas Dugdale at Sheppard Mullin.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.